26-8697_Exhibit_J-1_Appendices_to_Technical_Specifications.pdf

Appendix A- Regulatory Permits and Associated DEP QA/ QC Plan and FWC Lighting Requirements for Wiggins Pass

1) DEP JCP Permit Modification (0142538-019) and original Permit (0142538-008-JC)

2) USACE Permit Modification (SAJ-2004-07621 (MOD-SJF) and original Permit (SAJ-2004-07621

(IP-MJD)

3) Sediment QA/QC Plan (Approved July 3, 2012)

4) Project Lighting Condition

FLORIDA DEPARTMENT OF

Environmental Protection

Bob Martinez Center 2600 Blair Stone Road

Tallahassee, FL 32399-2400

Ron DeSantis Governor

Jeanette Nuñez Lt. Governor

Shawn Hamilton Secretary

CONSOLIDATED MAJOR MODIFICATION TO A JOINT COASTAL PERMIT AND

SOVEREIGN SUBMERGED LANDS AUTHORIZATION

PERMITTEE:

Collier County Attn: Andrew Miller 3301 E. Tamiami Trail Naples, FL 34112 Andrew.Miller@colliercountyfl.gov

AGENT:

Humiston & Moore Engineers Attn: Brett Moore, P.E.

679 Strand Court Naples, FL 3110 bdm@humistonandmoore.com

PERMIT INFORMATION:

Permit Number: 0142538-019-JM

Project Name: Wiggins Pass Navigation Channel Expansion and Maintenance

County: Collier

Issuance Date: September 20, 2022

Expiration Date: January 2, 2028

REGULATORY AUTHORIZATION:

This major modification to Permit No. 0142538-018-JM is issued under the authority of

Chapter 161, which includes consideration of the provisions contained in Part IV of Chapter 373, Florida Statutes (F.S.), and Title 62, Florida Administrative Code (F.A.C.). Pursuant to Operating Agreements executed between the Department of Environmental Protection (Department) and the water management districts, as referenced in Chapter 62-113, F.A.C., the Department is responsible for reviewing and taking final agency action on this activity. This modification, hereafter referred to as Permit No. 0142538-019-JM, supersedes Permit No.0142538- 018-JM. Changes to Permit No. 0142538-018-JM are shown as strikethroughs (deletions) or underlines (additions).

The project description will be revised as indicated below (strikethroughs are deletions, underlines are additions):

PROJECT DESCRIPTION:

mailto:Andrew.Miller@colliercountyfl.gov mailto:bdm@humistonandmoore.com

Joint Coastal Permit Wiggins Pass Navigation Channel Expansion and Maintenance Permit No. 0142538-019-JM www.floridadep.gov

The project is to straighten and expand the Wiggins Pass navigation channel by dredging a new alignment and filling the existing channel meander within the flood shoal. The dredged sand from the initial realignment will be placed in the flood shoal channel meander (Flood Shoal Disposal Area), the South Point Escarpment Repair site, the North Onshore Disposal Area, and the North Nearshore Disposal Area. Any additional suitable dredge material available after those areas are filled will be placed in the Ebb Shoal Disposal Area. Approximately 7,500 cubic yards of material dredged from the realigned channel is not environmentally suitable for beach, nearshore or inlet disposal; so this material will be placed in a separate offshore disposal area (excavated basin of Borrow Area 6, from the 1996 Collier County beach restoration project).

Periodic maintenance dredging of the authorized navigation channel location, including the north, south and east tributary channels, may also be conducted. For each maintenance event, the alignment of the channel may be shifted 50 feet north or south of depicted on the permit drawings through the ebb shoal (seaward of Station C3), and 50 feet north through the flood shoal (landward of Station C3), to accommodate the natural variability of the Pass. Future efforts to train the channel may occur by placement of material in the Ebb Shoal Disposal Area, providing that the inlet bypassing objectives are met. This area is conceptually shown on the permit drawings, but the exact location can vary. Interim maintenance dredging projects may be conducted to remove smaller amounts of sand from the channel. Based on beach and inlet monitoring surveys, the dredged material will be distributed to the disposal areas in order to balance the sediment budget between the inlet and the adjacent shorelines, offset erosion of the adjacent shorelines, and maintain the location and hydraulic stability of the navigation channel.

Periodic maintenance dredging of the authorized navigation channel location, including the north, south and east tributary channels, may also be conducted. Dredged material may be placed within the onshore and nearshore disposal areas authorized north and south of the pass, including the South Inlet Bank Disposal Area and the Ebb Shoal Disposal Area. Placement of material in specific segments of the onshore disposal areas is restricted to above mean high water.

Placement of material in the Ebb Shoal Disposal Area (variable location conceptually shown on the permit drawings), may be conducted providing that the inlet bypassing objectives are met.

For each maintenance event, distribution of the dredged material amongst the authorized disposal areas and the alignment of the entrance channel (STA 15+00 through STA C-6) within the range depicted on the drawings, will be determined based on beach and inlet monitoring surveys.

Additionally, minor grading of the shoreline in the vicinity of the inlet mouth (between STA - 1+00 and STA C-8), may be conducted when the mean high water line encroaches within 50 feet of the outer range of inlet channel alignment.

The project also includes the periodic maintenance dredging of 4,700 feet of the Water

Turkey Bay navigational channel to the design depth of -5.0 feet MLW, with 0.5 foot over-depth allowance, for a maximum allowable dredge depth of -5.5 feet. The channel widths ranges from approximately 90 feet to 140 feet.

The variance (File No. 0142538-013-BV) from the anti-degradation provisions in Rule

62-4.242(2)(a)2.b., F.A.C., establishes a maximum allowable turbidity level of 10 NTUs above background for work within the OFW.

The project location will be revised as indicated below (strikethroughs are deletions, underlines are additions):

PROJECT LOCATION:

The dredge sites are located within Wiggins Pass, South Navigational Channel, Water Turkey Bay Navigational Channel and the Gulf of Mexico. The nearshore and beach onshore disposal sites are located north of the inlet, between DEP Reference monuments R-12 to and R- 15 +500, and south of the inlet, between R-18 R-17- 400 and R-20 R-22+300. Beach placement to the south of the inlet from R-20 to R-22+300 is restricted to above mean high water. The Eebb Sshoal Ddisposal Aarea is located offshore of Wiggins Pass, approximately 300-1000 feet north of the authorized inlet channel. The Flood Shoal Disposal Area is a portion of the meandered channel, located within Wiggins Pass, on the northern side of the new channel. The South Inlet Bank Disposal Area is located along the shoreline at the south bank of the inlet between STA C- 13 and STA C-7. The entire project is located in Collier County, Sections 17 and 20, Township 48 South, Range 25 East, Gulf of Mexico, Class III Waters. Portions of the project are within Outstanding Florida Waters associated with Barefoot Beach Preserve, Delnor-Wiggins Pass State Park and Wiggins Pass Estuarine Area and Cocohatchee River System.

PROPRIETARY AUTHORIZATION:

This activity also requires a proprietary authorization, as the activity is located on sovereign submerged lands held in trust by the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees), pursuant to Article X, Section 11 of the Florida Constitution, and Sections 253.002 and 253.77, F.S. The activity is not exempt from the need to obtain a proprietary authorization. The Board of Trustees delegated, to the Department, the responsibility to review and take final action on this request for proprietary authorization in accordance with Section 18-21.0051, F.A.C., and the Operating Agreements executed between the Department and the water management districts, as referenced in Chapter 62-113, F.A.C. This proprietary authorization has been reviewed in accordance with Chapter 253, Chapter 18-21 and Section 62-330.075, F.A.C., and the policies of the Board of Trustees.

The Department has also determined that the dredge and placement activities qualify for a Letter of Consent to use sovereign, submerged lands, as long as the work performed is located within the boundaries as described herein and is consistent with the terms and conditions herein.

Therefore, consent is hereby granted, pursuant to Chapter 253.77, F.S., to perform the activity on the specified sovereign submerged lands.

COASTAL ZONE MANAGEMENT:

This permit constitutes a finding of consistency with Florida’s Coastal Zone Management Program, as required by Section 307 of the Coastal Zone Management Act.

WATER QUALITY CERTIFICATION:

Granting the associated variance to the antidegradation provisions in Rule 62-

4.242(2)(a)2.b., F.A.C., authorizes the Permittee to exceed state water quality standards.

Therefore, the Department hereby waives water quality certification pursuant to Section 401 of the Clean Water Act, 33 U.S.C. 1341.

OTHER PERMITS:

Authorization from the Department does not relieve you from the responsibility of obtaining other permits (Federal, State, or local) that may be required for the project. When the Department received your permit application, a copy was sent to the U.S. Army Corps of Engineers (Corps) for review. The Corps will issue their authorization directly to you or contact you if additional information is needed. If you have not heard from the Corps within 30 days from the date that your application was received by the Department, contact the nearest Corps regulatory office for status and further information. Failure to obtain Corps authorization prior to construction could subject you to federal enforcement action by that agency.

AGENCY ACTION:

The above named Permittee is hereby authorized to construct the work that is outlined in the Project Description and Project Location of this permit and as shown on the approved permit drawings, plans and other documents attached hereto. This agency action is based on the information submitted to the Department as part of the permit application, and adherence with the final details of that proposal shall be a requirement of the permit. This permit and authorization to use sovereign submerged lands are subject to the General Conditions, General Consent Conditions, Specific Conditions, and attached Plans which are a binding part of this permit and authorization. Both the Permittee and their Contractor are responsible for reading and understanding this permit (including the permit conditions and the approved permit drawings) prior to commencing the authorized activities, and for ensuring that the work is conducted in conformance with all the terms, conditions and drawings.

GENERAL CONDITIONS:

1. All activities authorized by this permit shall be implemented as set forth in the project description, permit drawings, plans and specifications approved as a part of this permit, and all conditions and requirements of this permit. The Permittee shall notify the Department in writing of any anticipated deviation from the permit prior to implementation so that the Department can determine whether a modification of the permit is required pursuant to Rule 62B-49.008, F.A.C.

2. If, for any reason, the Permittee does not comply with any condition or limitation specified in this permit, the Permittee shall immediately provide the Department and the appropriate District office of the Department with a written report containing the following information: a description of and cause of noncompliance; and the period of noncompliance, including dates and times; and, if not corrected, the anticipated time the noncompliance is expected to continue, and steps being taken to reduce, eliminate, and prevent recurrence of the noncompliance.

3. This permit does not eliminate the necessity to obtain any other applicable licenses or permits that may be required by federal, state, local or special district laws and regulations. This permit is not a waiver or approval of any other Department permit or authorization that may be required for other aspects of the total project that are not addressed in this permit.

4. Pursuant to Sections 253.77 and 373.422, F.S., prior to conducting any works or other activities on state-owned submerged lands, or other lands of the state, title to which is vested in the Board of Trustees, the Permittee must receive all necessary approvals and authorizations under Chapters 253 and 258, F.S. Written authorization that requires formal execution by the Board of Trustees shall not be considered received until it has been fully executed.

5. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered specifically approved unless a specific condition of this permit or a formal determination under Section 373.421(2), F.S., provides otherwise.

6. This permit does not convey to the Permittee or create in the Permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the Permittee. The issuance of this permit does not convey any vested rights or any exclusive privileges.

7. This permit or a copy thereof, complete with all conditions, attachments, plans and specifications, modifications, and time extensions shall be kept at the work site of the permitted activity. The Permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit.

8. The Permittee , by accepting this permit, specifically agrees to allow authorized

Department personnel with proper identification and at reasonable times, access to the premises where the permitted activity is located or conducted for the purpose of ascertaining compliance with the terms of the permit and with the rules of the Department and to have access to and copy any records that must be kept under conditions of the permit; to inspect the facility, equipment, practices, or operations regulated or required under this permit; and to sample or monitor any substances or parameters at any location reasonably necessary to assure compliance with this permit or Department rules.

9. At least 48 hours prior to commencement of activity authorized by this permit, the

Permittee shall electronically submit to the Department, by email at JCPCompliance@dep.state.fl.us, and the appropriate District office of the Department a written notice of commencement of construction indicating the actual start date and the mailto:JCPCompliance@dep.state.fl.us expected completion date and an affirmative statement that the Permittee and the contractor, if one is to be used, have read the general and specific conditions of the permit and understand them.

10. If any prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, shipwreck remains or anchors, dugout canoes or other physical remains that could be associated with Native American cultures, or early Colonial or American settlement are encountered at any time within the project site area, the permitted project shall cease all activities involving subsurface disturbance in the immediate vicinity of such discoveries. The Permittee, or other designee, shall contact the Florida Department of State, Division of Historical Resources, Compliance and Review Section at (850)245- 6333 or (800)847-7278, as well as the appropriate permitting agency office. Project activities shall not resume without verbal and/or written authorization from the Division of Historical Resources. In the event that unmarked human remains are encountered during permitted activities, all work shall stop immediately, and the proper authorities notified in accordance with Section 872.05, F.S.

11. Within 30 days after completion of construction or completion of a subsequent maintenance event authorized by this permit, the Permittee shall electronically submit to the Department, by email at JCPCompliance@dep.state.fl.us, and the appropriate District office of the Department a written statement of completion and certification by a registered professional engineer. This certification shall state that all locations and elevations specified by the permit have been verified; the activities authorized by the permit have been performed in compliance with the plans and specifications approved as a part of the permit, and all conditions of the permit; or shall describe any deviations from the plans and specifications, and all conditions of the permit. When the completed activity differs substantially from the permitted plans, any substantial deviations shall be noted and explained on as-built drawings electronically submitted to the Department, by email at JCPCompliance@dep.state.fl.us.

GENERAL CONSENT CONDITIONS:

The general consent conditions shall be revised as indicated below (strikethroughs are deletions, underlines are additions):

1. Authorizations are valid only for the specified activity or use. Any unauthorized deviation from the specified activity or use and the conditions for undertaking that activity or use shall constitute a violation. Violation of the authorization shall result in suspension or revocation of the grantee’s use of the sovereignty submerged land unless cured to the satisfaction of the Board.

2. Authorizations convey no title to sovereignty submerged land or water column, nor do they constitute recognition or acknowledgment of any other person’s title to such land or water.

3. Authorizations may be modified, suspended or revoked in accordance with their terms or the remedies provided in Sections 253.04 and 258.46, F.S., or Chapter 18-14, F.A.C.

4. Structures or activities shall be constructed and used to avoid or minimize adverse impacts to sovereignty submerged lands and resources.

5. Construction, use or operation of the structure or activity shall not adversely affect any species that is endangered, threatened or of special concern, as listed in Rules 68A- 27.003, 68A-27.004 and 68A-27.005, F.A.C.

6. Structures or activities shall not unreasonably interfere with riparian rights. When a court of competent jurisdiction determines that riparian rights have been unlawfully affected, the structure or activity shall be modified in accordance with the court’s decision.

7. Structures or activities shall not create a navigational hazard.

8. Activities shall not interfere with the public easement for traditional uses of the sandy beaches provided in section 161.141, F.S.

9. Structures shall be maintained in a functional condition and shall be repaired or removed if they become dilapidated to such an extent that they are no longer functional. This shall not be construed to prohibit the repair or replacement subject to the provisions of Rule 18-21.005, F.A.C., within one year, of a structure damaged in a discrete event such as a storm, flood, accident or fire.

10 9. Structures or activities shall be constructed, operated and maintained solely for water dependent purposes, or for non-water dependent activities authorized under paragraph 18-21.004(1)(f g), F.A.C., or any other applicable law.

The specific conditions will be revised as indicated below (strikethroughs are deletions, underlines are additions):

SPECIFIC CONDITIONS:

1. Work under this permit shall utilize the associated Variance (File No. 0142538-013-BV, issued January 2, 2013), which allows variance from the antidegradation provisions in Rule 62-4.242(2)(a)2.b., F.A.C., to establish a maximum allowable turbidity level above background for work within Outstanding Florida Waters (OFW) for this project.

2. Unless otherwise specified in the specific conditions of this permit all submittals required herein (e.g., progress reports, water-quality reports etc.) shall be electronically submitted (via e-mail, file transfer site or hard drive). Email submittals shall be sent to the Department’s JCP Compliance Officer (e-mail address:

JCPCompliance@dep.state.fl.us). If a file transfer site is used, a link shall be e-mailed to the JCP Compliance Officer. If data are too large to be submitted via e-mail or file transfer site, the Permittee may submit the data via an external hard drive, provided by the Permittee . The external hard drive shall be mailed to:

Department of Environmental Protection Office of Resilience and Coastal Protection Attn: JCP Compliance Officer 2600 Blair Stone Road, Mail Station 3544 Tallahassee, FL 32399-2400

All reports or notices relating to this permit shall be emailed to the Department’s JCP Compliance Officer (e-mail address: JCPCompliance@dep.state.fl.us) unless otherwise specified in the specific conditions of this permit.

3. The Permittee shall not store or stockpile tools, equipment, materials, etc., within littoral zones or elsewhere within surface waters of the state without prior written approval from the Department. Storage Storing, stockpiling or accessing of equipment on, in, over or through seagrass areas with benthic biological resources (including beds of submerged aquatic vegetation [SAV], wetlands, oyster reefs or hardbottom) is prohibited unless it occurs within a work area or ingress/egress corridor that is specifically approved by this permit and is shown on the approved permit drawings. Anchoring or spudding of vessels and barges within beds of aquatic vegetation or over hardbottom areas with benthic biological resources is also prohibited.

4. The Permittee shall not conduct project operations or store project-related equipment in, on or over dunes, or otherwise impact dune vegetation, outside the approved staging, beach access and dune restoration areas designated in the permit drawings.

5. No work shall be conducted under this permit until the Permittee has received a written notice to proceed from the Department for each event. At least 45 days prior to the requested date of issuance of the notice to proceed, the Permittee shall submit a written request for a Notice to Proceed and the following items for review and approval by the Department:

a. Final Plans and Specifications: The Permittee shall provide an electronic copy of detailed final construction plans and specifications for all authorized activities this project. The plans and specifications must be consistent with the project description of this permit, conditions and the approved permit drawings and shall also be certified by a professional engineer (P.E.), who is registered in the State of Florida. The Permittee shall point out any deviations from the Project Description of this permit (as stated above) or the approved permit drawings (attached to this permit), and any significant changes that would require a permit modification.

The plans and specifications shall be accompanied by a letter indicating the project name, the permit number, the type of construction activity, the specific type of equipment to be used, the anticipated volume of material to be moved (if applicable) and the anticipated schedule. Further, the Permittee shall specify any anticipated sites that will be used (such as a disposal or re-use location) and appropriate contact information for those facilities and the drawings and surveys shall show all biological resources and work spaces (e.g., anchoring areas, pipeline corridors, staging areas, boat access corridors, etc.) to be used for this project. The final plans and specifications submitted under this condition must comply with all conditions set forth in this permit.

b. Turbidity Monitoring: In order to assure that turbidity levels do not exceed the compliance standards established in this permit, construction at the project site shall be monitored closely by an independent third party with formal training in water quality monitoring and professional experience in turbidity monitoring for coastal construction projects. Also, an individual familiar with beach construction techniques and turbidity monitoring shall be present at all times when turbidity generating activities are occurring. This individual shall have authority to alter construction techniques or shut down the dredging or beach construction operations if turbidity levels exceed the compliance standards established in this permit.

i. Qualifications: The Permittee shall provide the names and qualifications of those individuals who will be performing the turbidity monitoring, along with 24-hour contact information. In order to assure that turbidity levels do not exceed the compliance standards established in this permit, construction at the project site shall be monitored closely by an independent third party (not associated with the construction contractor) with formal training in water quality monitoring and professional experience in monitoring turbidity for coastal construction projects. This individual shall have the authority to alter construction techniques or shut down the construction operations if turbidity levels exceed the specified turbidity standards; and

ii. A Scope of Work for the turbidity monitoring to ensure that the right equipment is available to conduct the monitoring correctly at any location, and under any conditions;

iii. Draft turbidity sampling map. An example of the geo-referenced map that will be provided with turbidity reports, including aerial photography and the boundaries of biological resources and/or OFW (pursuant to Specific Condition 27)

c. The distribution of maintenance dredged material as proposed in the final construction plans and specifications for each maintenance dredging event of the Wiggins Pass navigational channel shall be accompanied by a detailed analysis and supporting computations of shoreline and volumetric changes of the inlet and adjacent beaches. The analysis shall identify cumulative changes since the initial navigation improvements. The maintenance dredged material shall be distributed into one or more of the approved disposal areas in order to first offset any adverse effects on the adjacent shorelines within the area of inlet influence between DEP reference monuments R-12 and R-20, and second, to balance the sediment budget between the inlet shoals and adjacent shorelines. This analysis is not required for interim maintenance dredging events of 10,000 cubic yards or less; during which dredged material may be placed in the nearshore disposal areas immediately adjacent to the inlet, and the ebb shoal or flood shoal disposal areas, that best facilitates navigation and inlet stability. This does not preclude placement of interim maintenance dredged material in the onshore disposal areas based upon the most recent annual physical monitoring data.

d. Documentation from the U.S. Fish and Wildlife Service (FWS) that this work will be covered under a Statewide Programmatic Biological Opinion, or a Biological Opinions (BO) issued for construction on this project site. If the BO contains conditions that are not contained herein, and the Department or FWC determines that those additional conditions would be needed for this project, the Notice to Proceed will not be issued until the permit has been modified to include those additional conditions.

e. Geotechnical Requirements:

i. Prior to construction of the first maintenance dredging event for Wiggins Pass Navigational Channel under Permit No. 0142538-019-JM: Submittal of a Maintenance Dredging Sediment QA/QC plan shall be submitted with the final construction plans and specifications for subsequent maintenance dredging activities that include beach disposal., This QA/QC plan shall include compliance values consistent with Rule 62B- 41.007(2)(k), F.A.C.

ii. Prior to each subsequent maintenance event of Water Turkey Bay

(subsequent to the initial 2019 maintenance event conducted under this permit), sediment samples from those portions of Water Turkey Bay that will be dredged for the upcoming event shall be collected and analyzed by the Permittee. The samples, the analyzed data and a summary of the analysis shall be submitted to the Department for confirmation and approval that the material meets the requirements for placement in the desired disposal area (whether nearshore or on beach). If the results of the sediment analysis indicate that the dredged material does not meet the requirements of Chapter 62B-41.007(2)(j), F.A.C., then the material shall be placed in the nearshore placement area. If the results of the sediment analysis indicate that the dredged material is not nearshore compatible, then the Permittee shall provide a letter of confirmation, providing assurances that the material to be dredged will be disposed of in an appropriate upland disposal area.

f. Biological Monitoring:

i. Qualifications. To ensure that individuals conducting monitoring of benthic resources have appropriate qualifications, documentation demonstrating expertise / experience in surveying the types of benthic resources that are present in the project, including hardbottom and submerged aquatic vegetation (SAV), shall be provided to the Department (JCP Compliance Officer) for review at least 30 days prior to the initiation of monitoring tasks. The Department will review this information and will provide written comments regarding any perceived deficits in qualifications or experience. The Permittee ’s selected biological monitoring firm is fully responsible for training of new staff members and subcontractors, as well as the QA/QC verification of their work;

ii. Pre-construction SAV survey results. An assessment of SAV located within the influence of construction activities shall be completed during the summer (June – September) immediately prior to each construction event in accordance with Specific Condition 30. Surveys conducted by the local sponsor, their contractors, or third parties, may be submitted by the Permittee to meet this requirement. The Permittee shall provide the Department with a Summary of Existing Information on SAV Resources based on the desktop assessment, a geo-referenced Map of SAV Resources showing the current boundaries of all SAV beds, and the results of the Pre-Construction Survey with a narrative description of the current condition of SAV resources, and all raw data that were compiled or produced in association with these deliverables. The Permittee shall also provide documentation (e.g., email correspondence) verifying that their contractor has received the Map of SAV Resources and Pre-Construction Survey results and that the contractor has been instructed by the Permittee to use this information to ensure turbidity samples are taken at appropriate locations and to avoid impacts to SAV resources in the project area (pursuant to Specific Conditions 29, 31 and 32);

iii. Pre-construction hardbottom survey results. Prior to the first construction event (subsequent to the issuance date of Modification 0142538-019-JM 0142538-015-JN) in which beach compatible material will be placed onshore or in the nearshore area along within the Delnor-Wiggins shoreline fill template (R-17-400 to R-22+300 R-18 to R-20), a complete baseline (pre-construction) nearshore hardbottom survey (including all monitoring transects and the nearshore hardbottom edge), as specified in the approved Hardbottom Biological Monitoring Plan (HBMP) (see Section 2.2 and Table 2 in the HBMP), shall be conducted in the area south of the Pass. The results of this baseline survey monitoring event (raw data submission) shall be provided to the Department prior to the issuance of the Notice to Proceed. The Department will review this information and will provide written comments regarding any perceived deficits.

g. Complete set of Permit Drawings: Prior to construction of the first maintenance dredging event for Wiggins Pass Navigational Channel under Permit No.

0142538-019-JM, an updated, complete set of signed and sealed permit drawings of all authorized activities associated with the maintenance dredging of the Wiggins Pass Navigation Channel. These drawings shall include current information on control data points, representative cross sections of all authorized activities (dredge areas, onshore and nearshore disposal areas, areas designated for inlet grading etc.), with adequate notation to define the permitted limits (i.e., control data, maximum dredge depths, the locations of all biological and historical resources, the latest bathymetric data available, and notations of all areas previously dredged. These drawings will be formally appended to the permit file through an administrative permit modification, initiated by the Department.

6. Pre-Construction Conference. Prior to each construction event, the Permittee shall conduct a pre-construction conference to review the specific conditions and monitoring requirements of this permit with the Permittee 's contractors, the engineer of record, those responsible for turbidity monitoring, the Compliance Officer (or designated alternate), the Marine Turtle Monitor (Marine Turtle Permit Holder), the Bird Monitors, and staff representatives of the Florida Fish and Wildlife Conservation Commission (FWC). FWC recommends that you also include staff representatives of the U.S. Fish and Wildlife Service (FWS). In order to ensure that appropriate representatives are available, at least twenty-one (21) days prior to the intended commencement date for the permitted construction, the Permittee is advised to contact the Department, and the other agency representatives listed below:

After all items required by a through g above have been submitted to the Department, the Permittee shall conduct a pre-construction conference to review the specific conditions and monitoring requirements of this permit with the Permittee 's contractors, the engineer of record, those responsible for turbidity monitoring, those responsible for protected species monitoring, staff representatives of the Fish and Wildlife Conservation Commission (FWC) and the JCP Compliance Officer (or designated alternate) prior to each construction event. In order to ensure that appropriate representatives are available, at least twenty-one (21) days prior to the intended commencement date for the permitted construction, the Permittee is advised to contact the Department, and the other agency representatives listed below:

DEP, JCP Compliance Officer e-mail: JCP Compliance@dep.state.fl.us

DEP, Division of Recreation and Parks Coastal Project Coordinator phone: 850-245-3170 e-mail: Marshall.Flake@dep.state.fl.us

Delnor-Wiggins State Park - Park Manager Phone: 239-253-6143 e-mail: Terrance.K.T.Torvund@dep.state.fl.us

DEP, South District Office e-mail: SouthDistrict@dep.state.fl.us

FWC, Imperiled Species Management Section e-mail: marineturtle@myfwc.com

FWC Regional Species Conservation Biologist Contact list:

http://myfwc.com/conservation/you-conserve/wildlife/shorebirds/ See Contact list for phone numbers (http://myfwc.com/conservation/you-conserve/wildlife/shorebirds/contacts)

The Permittee is also advised to schedule the pre-construction conference at least a week prior to the intended commencement date. At least seven (7) days in advance of the pre-construction conference, the Permittee shall provide written notification, advising the participants of the agreed-upon date, time and location of the meeting, and also provide a meeting agenda and a teleconference number.

If the actual construction start date is different from the expected start date proposed during the preconstruction conference, at least 48 hours prior to the commencement of each dredging event, the Permittee shall ensure that notification is sent to the FWC, at marineturtle@myfwc.com, indicating the actual start date and the expected completion date. The Permittee shall also ensure that all contracted workers and observers are provided a copy of all permit conditions.

mailto:Compliance@dep.state.fl.us mailto:Marshall.Flake@dep.state.fl.us mailto:Terrance.K.T.Torvund@dep.state.fl.us mailto:SouthDistrict@dep.state.fl.us mailto:marineturtle@myfwc.com http://myfwc.com/conservation/you-conserve/wildlife/shorebirds/ http://myfwc.com/conservation/you-conserve/wildlife/shorebirds/contacts http://myfwc.com/conservation/you-conserve/wildlife/shorebirds/contacts http://myfwc.com/conservation/you-conserve/wildlife/shorebirds/contacts mailto:marineturtle@myfwc.com

7. Protection of Historical Resources. If sand is to be placed on the beach of Delnor Wiggins State Park, then the following conditions apply for the protection of historical resources:

a. Because of the lack of site information for 8CR970, Delnor Wiggins Pass State

Park Site, the Division of Historical Resources requires that a Phase II level cultural resource site assessment be conducted at the recorded site location to determine if the site is an archaeological site or an isolated find. In the case of an archeological site, sufficient testing should be conducted to determine the extent of the site, the eligibility for listing in the National Register of Historic Places, and /or if it is otherwise of archaeological value. This must occur before any sand can be placed at this location.

b. If there is an archaeological resource, and this site is determined to meet National

Register criteria, or is otherwise of archaeological value, further consultation with the Division of Historical Resources, the Department’s Beaches, Inlets and Ports program and Delnor Wiggins Pass State Park cultural programs must occur to determine measures to avoid and/or minimize any effects to the site.

c. Site 8CR218, Wiggins Pass Wreck South, must be located, GPS coordinates obtained, and the depth of deposits determined. The extent of the historic wreck site and an adequate buffer area should be clearly delineated on all project maps and on the ground during construction. This site must be avoided during beach nourishment activities associated with this permit, due to the nature and location of the site making it unable to be investigated, as well as the possibility that this site may be eligible for listing in the National Register. This includes all ground disturbing activities and heavy equipment operation associated with the initial placement of dredge material on the beach, and the subsequent annual tilling required a month prior to turtle nesting season.

8. Additional Coastal Engineering Condition. After the dredging Subarea D (channel realignment through the flood shoal, between C-3 and C-16) is completed, the Contractor shall be allowed to begin work in multiple subareas and to alternate between subareas.

Once the Permittee /Owner’s Representative authorizes removal of the unsuitable material to begin from within a specified subarea (i.e., dredging of the suitable material has reached the threshold elevation), no additional material from within the specified subarea shall be allowed for beach or nearshore placement from that subarea.

Material designated for beach, nearshore, ebb and flood shoal placement, as shown in the permit drawings, may be pumped directly to the respective placement site. The material designated for offshore disposal shall be placed in a barge for transport to the offshore disposal site at Borrow Area 6.

A threshold elevation is identified for each subarea that contains clay, peat, silty sand (with silt content exceeding the sand standards in Rule 62B-41.007(2)(j), F.A.C.), or rock material. The Contractor shall be provided a tolerance above the threshold elevation for excavating material for beach or nearshore placement. The tolerance shall serve as a transition layer (overdredge allowance) between the material designated for beach or nearshore placement and the material that must be disposed as unsuitable material. The threshold elevation shall serve as a definitive line between the unsuitable material and the tolerance.

9. Sediment quality shall be assessed as outlined in the Sediment QA/QC plan dated July 3, 2012 (attached) for the initial construction. Any occurrences of placement of material not in compliance with the Plan shall be handled according to the protocols set forth in the Sediment QA/QC plan. The sediment testing result will shall be submitted to the Department within 90 days following the completion of beach construction. The Sediment QA/QA plan:

a. If during construction, the Permittee or Engineer determines that the beach fill material does not comply with the sediment compliance specifications, measures shall be taken to avoid further placement of noncompliant fill, and the sediment inspection results shall be reported to the Department.

b. The Permittee shall submit post-construction sediment testing results and an analysis report as outlined in the Sediment QA/QC plan to the Department within 90 days following beach construction. The sediment testing results will be certified by a P.E. or P.G. from the testing laboratory. A summary table of the sediment samples and test results for the sediment compliance parameters as outlined in Table 1 of the Sediment QA/QC plan shall accompany the complete set of laboratory testing results. A statement of how the placed fill material compares to the sediment analysis and volume calculations from the geotechnical investigation shall be included in the sediment testing results report.

c. A post-remediation report containing the site map, sediment analysis, and volume of noncompliant fill material removed and replaced shall be submitted to the Department within 7 days following completion of remediation activities.

Prior to each maintenance dredge event, the sediment quality of the material to be dredged (after the initial dredge event) must be determined. The material must be tested and reviewed for beach compatibility. A Maintenance Dredging Sediment QA/QC plan shall be submitted with the final construction plans and specifications for subsequent maintenance dredging activities that includes placement on the beach, and it shall include compliance values that are consistent with Rule 62B- 41.007(2)(k), F.A.C.

Manatee, Marine Turtle, and Shorebird Protection Conditions

FISH AND WILDLIFE

The Specific conditions 10 – 24 shall be replaced by conditions 10 -22.

10. In-water Activity. The Permittee shall adhere to the following requirements for all in-water activity:

a. The Permittee shall instruct all personnel associated with the project about the presence of marine turtles and manatees, and the need to avoid collisions with (and injury to) these protected marine species. The Permittee shall be responsible for harm to these resources and shall require their contractors to advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees or marine turtles, which are protected under the Endangered Species Act, the Marine Mammal Protection Act, the Marine Turtle Protection Act and the Florida Manatee Sanctuary Act.

b. All vessels associated with the construction project shall operate at "Idle Speed/No Wake” at all times while in the immediate project area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels shall follow routes of deep water whenever possible.

c. Siltation or turbidity barriers (if used) shall be made of material in which manatees and marine turtles cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee entanglement or entrapment.

Barriers shall not impede manatee or marine turtle movement or travel.

d. The Permittee is responsible for all on-site project personnel and shall require them to observe water-related activities for the presence of marine turtles and manatee(s). All in-water operations shall be immediately shall be shut down if a marine turtle or manatee comes within 50 feet of the operation. For unanchored vessels, operators shall disengage the propeller and drift out of the potential impact zone. If drifting would jeopardize the safety of the vessel then idle speed may be used to leave the potential impact zone. Activities shall not resume until the animal(s) has moved beyond the 50-foot radius of the project operation, or until 30 minutes elapses if the animal(s) has not reappeared within 50 feet of the operation. Animals shall not be herded away or harassed into leaving.

e. Any collision with (or injury to) a marine turtle or manatee shall be reported immediately to the FWC Hotline at 888-404-3922, and to the FWC at ImperiledSpecies@MyFWC.com. Any collision with (and/or injury to) a marine turtle shall also be reported immediately to the Sea Turtle Stranding and Salvage Network (STSSN) at SeaTurtleStranding@MyFWC.com.

mailto:SeaTurtleStranding@MyFWC.com

f. Temporary signs concerning manatees shall be prominently posted prior to and during all in-water project activities, at sufficient locations to be regularly and easily viewed by all personnel engaged in water-related activities. Two temporary signs, which have already been approved for this use by the FWC, shall be posted at each location. One sign shall read “Caution Boaters - Watch for Manatees”. A second sign measuring at least 8 ½" by 11", shall explain the requirements for “Idle Speed/No Wake” and the shutdown of in-water operations. All signs shall be removed by the Permittee upon completion of the project. These signs can be viewed at MyFWC.com/manatee. Questions concerning these signs can be sent to ImperiledSpecies@MyFWC.com.

Fish and Wildlife Protection Conditions for Dredging Activities:

11. Hopper Dredging. If a hopper dredge is used for this project, the following requirements shall be met:

a. Handling of captured marine turtles during hopper dredging activities shall be conducted only by persons with prior experience and training in these activities and who are duly authorized to conduct such activities through a valid Marine Turtle Permit issued by the FWC, pursuant to Chapter 68E-1, F.A.C. The Permittee shall forward documentation of these qualifications to the FWC for review, as required in Specific Condition 5.

b. In order to minimize impingement or entrainment of marine turtles within the water column, dredging pumps shall be disengaged by the operator, or the draghead bypass valve shall be open and in use when the dragheads are not firmly on the bottom. This precaution is especially important during the cleanup phase of dredging operations.

c. A state-of-the-art rigid deflector draghead shall be used on all hopper dredges, at all times of the year.

d. The STSSN Coordinator shall be notified at 1-904-573-3930 or via e-mail at

Allen.Foley@myfwc.com of the start-up and completion of hopper dredging operations. In the event of capturing or recovering marine turtles or marine turtle parts, the STSSN shall be contacted at seaturtlestranding@myfwc.com.

12. Trawling. If relocation trawling for marine turtles is required as per applicable NMFS

Biological Opinions and Incidental Take authorizations, the following is required:

a. Any activity involving the use of nets to harass and/or to capture and handle marine turtles in Florida waters requires a Marine Turtle Permit from FWC.

b. The Permittee or their contractor shall e-mail (MTP@MyFWC.com) reports to the FWC’s Imperiled Species Management Section on Friday of each week that mailto:Allen.Foley@myfwc.com mailto:seaturtlestranding@myfwc.com mailto:MTP@MyFWC.com trawling is conducted in Florida waters. These weekly reports shall include the species and number of turtles captured, their general health, and release information. A summary of all trawling activity (including non-capture trawling) shall be submitted to MTP@MyFWC.com by January 15 of the following year, or at the end of the project. The summary shall be recorded/documented on the FWC-provided Excel spreadsheet (available at https://myfwc.com/media/3168/trawl-report-template.pdf), and shall list all turtles captured in Florida waters, the measurements of all captured turtles, the location of captures (latitude and longitude in decimal degrees), the location of tow start-stop points (latitude and longitude in decimal degrees), and times for the start-stop points of the tows (including tows when no turtles are captured).

13. Wildlife Conditions for All Beach Related Activities. The Permittee shall adhere to the following requirements for all beach-related activities during marine turtle and shorebird nesting/breeding seasons [February 15 through October 31].

a. Beach Maintenance.

i. The Permittee shall require their contractor and protected species monitors to inspect all work areas that have excavations and temporary alterations of beach topography each day, to determine which areas have deviations (such as depressions, ruts, holes and vehicle tracks) capable of trapping flightless shorebird chicks or marine turtle hatchlings. If so, the deviations shall be filled or leveled from the natural beach profile prior to 9:00 p.m. each day. The beach surface shall also be inspected subsequent to completion of the project, and all tracks, mounds, ridges or impressions, etc. left by construction equipment on the beach shall be smoothed and leveled.

ii. All debris, including derelict construction or coastal armoring material, concrete and metal, found on the beach placement site, shall be removed from the beach to the maximum extent practicable prior to any placement of fill material. If debris removal activities will take place during protected species nesting seasons, the work shall be conducted during daylight hours only, and shall not commence until completion of daily monitoring surveys.

b. Equipment Storage and Placement.

i. Staging areas and temporary storage for construction equipment and pipes shall be located off the beach to the maximum extent practicable. Nighttime storage of construction equipment that is not in use shall be located off the beach. If staging and storage areas off the beach are not possible, then additional marine turtle and shorebird protective measures shall be implemented.